The Executive Engineer v. Abdul Karim Bodhale (Died) Through His Lrs. 1-A-Jafar Abdul Bodhale And ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.9022 OF 2025 IN FIRST APPEAL (ST.) NO.1035 OF 2025 The Executive Engineer Hetawane Kalwa Vibhag .. Applicant

Versus

Abdul Karim Bodhale (decd) through his LRs Jafar Abdul Bodhale and others .. Respondents Ms. Shakuntala Wadekar, Advocate for the Applicant. Mr. A. R. Patil, Additional G.P. for Respondent Nos.2 & 3 - State.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE :

P. C.

1.

The above Interim Application is filed seeking a condonation of delay of 460 days in filing the above First Appeal against the Judgement and Award dated 13th April 2023, passed by the Civil Judge Senior Division, Alibaug, Mahad in Land Reference No.10 of 2006.

2.

When the above matter had come up on 20th June 2025, the learned Additional Government Pleader appeared on behalf of MINAL SANDIP PARAB MINAL SANDIP PARAB Date: 2025.08.26 12:13:52 +0530

Respondent Nos.2 and 3 and waived notice. Since the matter came up for the first time (on 20th June 2025), we had directed the Registry to issue notice to Respondent Nos.1A and 1B, returnable on 1st August 2025. In addition to the Court notice, we had also permitted the Advocates for the Applicant - Appellant to serve Respondent Nos.1A and 1B with the papers and proceedings of the above Appeal as well as the above Interim Application, along with a copy of the said order, by private notice as well.

3.

Today when the matter is called out, despite service, none have appeared on behalf of Respondent Nos.1A and 1B. Having heard the learned counsel appearing on behalf of the Applicant - Appellant as well as the learned AGP appearing on behalf of Respondent Nos.2 and 3 and for the reasons more particularly stated in the above Interim Application, we hereby condone the delay in filing the above Appeal. 4.

Now that the delay is condoned, we direct that the Advocates for the Appellant - Applicant shall remove all other office objections within a period of four weeks from today, failing which, the above Appeal shall stand dismissed without further reference to the Court.

5.

The Interim Application is disposed of in the aforesaid terms. However, there shall be no order as to costs. 6.

Personal Assistant of this Court. All concerned will act on production by [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]